Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 19TH DAY OF JANUARY 2022/29TH POUSHA, 1943 OP(C) NO. 2152 OF 2021 AGAINST THE ORDER DATED 23.10.2021 IN E.A. NO.850 OF 2021 AND E.A.NO.872 OF 2021 IN EP NO.108/2019 IN OS NO.203/2009 OF THE IST ADDITIONAL SUB COURT, KOZHIKODE PETITIONER/PETITIONER IN EA'S/JUDGMENT DEBTOR IN EP T.K. SHAHIDA D/O BEERANKOYA, AGED 46 YEARS KIZHAKKECHALIL HOUSE, NELLIKODEAMSOM, KOVURDESOM P.O, MEDICAL COLLEGE, KOZHIKODE-673 008.
BY ADVS. P.SANJAY A.PARVATHI MENON BIJU MEENATTOOR PAUL VARGHESE (PALLATH)
P.A.MOHAMMED ASLAM KIRAN NARAYANAN PRASOON SUNNY RAHUL RAJ P.
RESPONDENT/RESPONDENT IN EAS/DECREE HOLDER IN EP BIJU N JOSEPH AGED 45 YEARS S/O. JOSEPH, NEDIYAPALEKKAL HOUSE, KAYANNA VILLAGE, ATHYODIDESOM, KOZHIKODE-673 525.
BY ADVS.
V.V.SURENDRAN P.A.HARISH ANUSREE.C THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
OP(C) No. 2152 of 2021 is an original petition filed under Article
227 of the Constitution of India challenging orders in E.A. No.850 of 2021 and E.A No. 872 of 2021, by the judgment debtor in E.P. No.108 of 2019 in O.S No.203 of 2009.
2. As per the order dated 08.12.2021 this court stayed further proceedings in execution on payment of Rs.50000/- by the petitioner within 45 days. However, the learned counsel appearing for the decree holder submitted that no payment made in obedience to the order of this court.
3. In this OP, Exts. P7 and P8 orders in E.A 850/2021 and
872/2021 are under challenge on the ground that the same are not speaking orders. In fact, the copy of E.A.No. 872/2021 and 850/2021 also produced as Exts. P5 and P6 in this original petition. Going by the contentions raised in the above execution applications, nothing could be gathered to see that the judgment debtor, in fact, had any grievance in the matter of execution of decree which is the outcome of a compromise entered into between the parties much earlier. It appears that the attempt of the judgment debtor is to drag the matter under the veil of a interim order passed by this court, even without depositing the amount directed to be deposited by this court.
Having appraised the said fact, I am not inclined to allow grant of any relief sought for in the original petition. Accordingly the original petition deserves no merits and is dismissed.
Sd/-
A. BADHARUDEEN, JUDGE Cak APPENDIX OF OP(C) 2152/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DECREE ALONG WITH THE MEDIATION SETTLEMENT AGREEMENT IN OS 203/2009 OF THE SUB COURT, KOZHIKODE DATED 27.3.2018.
Exhibit P2 TRUE COPY OF THE E.P.108/2019 IN O.S.NO.203 OF 2009 OF THE SUB COURT, KOZHIKODE DATED
26.3.2019.
Exhibit P3 TRUE COPY OF OBJECTION IN E.P.NO.108 OF 2019 IN O.S.NO.203 OF 2009 OF THE SUB COURT, KOZHIKODE DATED 16.8.2019.
Exhibit P4 TRUE COPY OF THE ORDER DATED 2.2.2018 IN I.A.NO.2316 OF 2017 IN RFA 31/2018.
Exhibit P5 TRUE COPY OF THE E.A.NO.850 OF 2021 IN E.P.NO.108 OF 2019 IN O.S.NO.203 OF 2009 OF THE SUB COURT 1A, KOZHIKODE DATED 20.10.2021.
Exhibit P6 TRUE COPY OF THE E.A.NO.872 OF 2021 IN E.P.NO.108 OF 2019 IN O.S.NO.203 OF 2009 OF THE SUB COURT-1A, KOZHIKODE DATED 21.10.2021.
Exhibit P7 TRUE COPY OF ORDER DATED 23.10.21 IN E.A.NO.850 OF 2021 IN E.P.NO.108 OF 2019 IN O.S.NO.203 OF 2009 OF IST ADDITIONAL SUB COURT, KOZHIKODE, DISMISSING EXT.P5.
Exhibit P8 TRUE COPY OF ORDER DATED 23.10.21 IN E.A.NO.872 OF 2021 IN E.P.NO.108/2019 IN O.S.NO.203 OF 2009 OF THE IST ADDITIONAL SUB COURT, KOZHIKODE DISMISSING EXT.P6.
//TRUE COPY//
PA TO JUDGE
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
